Opinion
12-23-2016
In the Matter of Ryan BRADWAY, Petitioner, v. Anthony ANNUCCI, Acting Commissioner, New York State Department of Corrections and Community Supervision, Respondent.
MEMORANDUM:Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination, following a tier III disciplinary hearing, that he violated inmate rule 113.24 (7 NYCRR 270.2 [B][14][xiv] [using drugs] ). At the outset, we note that, “ ‘[b]ecause the petition did not raise a substantial evidence issue, Supreme Court erred in transferring the proceeding to this Court’ ” (Matter of Wearen v. Deputy Supt. Bish, 2 A.D.3d 1361, 1362, 768 N.Y.S.2d 874 ). Nevertheless, we review the two issues raised by petitioner in the interest of judicial economy (see id. ), i.e., that his employee assistant was inadequate and his hearing was not timely. Petitioner failed to raise those contentions during his tier III hearing and thus failed to preserve them for our review (see Matter of Reeves v. Goord, 248 A.D.2d 994, 995, 670 N.Y.S.2d 151, lv. denied 92 N.Y.2d 804, 677 N.Y.S.2d 779, 700 N.E.2d 318 ).
It is hereby ORDERED that the determination is unanimously confirmed without costs and the petition is dismissed.
SMITH, J.P., LINDLEY, DeJOSEPH, NEMOYER, and TROUTMAN, JJ., concur.